Meeting Archive:
Guide to Responding to 11(c) Safety Retaliation Complaints and Notices of Alleged Hazards / Employee Safety Complaints

Meeting Description:

Guide to Responding to 11(c) Safety Retaliation Complaints and Notices of Employee Complaints

Tuesday, April 16, 2019 at 1 PM ET

Presented by Kate M. McMahon and Lindsay A. DiSalvo


When OSHA receives a complaint related to employee safety and health or a severe injury report, one action by OSHA is to give the employer an opportunity to respond before it takes the more extreme action of opening an inspection.  In addition, when OSHA receives an allegation of retaliation, it must provide the employer a chance to explain why the action of which it is accused was legitimate or did not occur as alleged.  These responses are an opportunity for the employer to provide sufficient information to avoid an inspection or litigation of a retaliation claim.  A strong response could appease OSHA’s concerns and resolve the complaint or report in a favorable manner for the employer.  However, these responses can also create a written record of admissions to which OSHA can hold the employer accountable, and any supporting documentation may be closely scrutinized and used to create liability.  Thus, employers must be strategic about the information they share at this early stage and should ensure there is a procedure in place for managing and developing these responses.


Participants in this webinar will learn about:

  • The types of complaints and incidents that lead OSHA to request information from the employer
  • Specific prohibitions of Sec. 11(c) (OSHA’s anti-retaliation law) and how retaliation complaints are evaluated
  • Strategies employers can use to effectively respond to Sec. 11(c) complaints, Notices of Alleged Hazards, and RRI requests
  • Proactive measures employers can take to avoid employee complaints
Date: Tue, Apr 16, 2019
Time: 01:00 PM EDT
Duration: 1 hour 15 minutes
Host(s): Kate McMahon and Lindsay DiSalvo
 Presenter Information
Kate M. McMahon
Speaker Photo

Kathryn M. McMahon is a partner in the national OSHA • Workplace Safety Practice Group of Conn Maciel Carey LLP. She focuses her practice in the areas of occupational safety and health (OSHA) law and environmental law. Ms. McMahon helps clients manage incident and fatality inspections, and litigation related to alleged violations by federal OSHA and state OSHA programs.  She also represents industry stakeholders in all aspects of OSHA rulemaking, including proposed rules regarding silica, injury and illness recordkeeping, hexavalent chromium, and beryllium, among others.

Lindsay A. DiSalvo
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Lindsay A. DiSalvo is an associate in both Conn Maciel Carey LLP's national OSHA • Workplace Safety Practice Group and Labor and Employment Group, where she focuses her practice on all aspects of occupational safety & health law.  Ms. DiSalvo represents employers in inspections, investigations and enforcement actions involving OSHA, the Chemical Safety Board, MSHA, EPA and state and local safety related agencies.  She also handles all aspects of OSHA litigation, from criminal prosecutions to appeals of citations.

For more information about our OSHA Practice Group, visit the OSHA Practice page on our website.  Also, check out our OSHA Defense Report blog.

For more information about our Labor & Employment Practice Group, visit the Labor & Employment Practice page on our website.  Also, check out our Employer Defense Report blog.